It functions as the final authority for granting discretionary paroles or early release from prison for sentences handed down for crimes committed before December 31, 1999.
 

Effective October 1, 2009, it functions as the final authority for granting early release to extended supervision for certain inmates with extraordinary health conditions or who are aged, pursuant to s. 302.1135 (1)(b) or 302.1135(2) (a),(b), and (c) of Wisconsin Statute, and are serving life sentences imposed under s. 973.014 (1g) (a) or (2).
 

Effective October 1, 2009, it functions as an authority for recommending early release for inmates who have earned Positive Adjustment Time (PAT) at a rate of 1 day for every 3 days or 1 day for every 5.7 days, depending on the offense.However, the ERRC’s determination to release to extended supervision may be subject to Court review.
 

Effective, October 1, 2009, it functions as an authority for recommending early release for inmates who are sentenced under TIS I and II (crimes committed on or after December 31, 1999 and sentenced prior to October 1, 2009) and have reached the 75 percent or 85 percent threshold of their confinement time for certain offenses, if the inmates have not previously petitioned the court for a sentence adjustment. However, the ERRC’s determination to release to extended supervision may be subject to Court review.  For more information about these changes,

click here.
 

The Commission conducts interviews with eligible inmates sentenced to the custody of the Wisconsin Department of Corrections. A Commissioner meets with an inmate individually and makes an independent decision on the possibility of a grant.

The Governor appoints the Commission's chairperson with the advice and consent of the Senate for a two-year term. The current Chairperson's term expires March 1, 2011.

The Wisconsin Earned Release Review Commission is attached to the Department of Corrections for administrative purposes but it implements its statutory responsibilities independently.

Current commission members are hired in accordance with the Civil Service System and report to the Chairperson.

Earned Release Review

On October 1, 2009, the Parole Commission is renamed the Earned Release Review Commission, and takes on additional duties beyond reviews for discretionary paroles, pursuant to 2009 Wisconsin Act 28 (2009-11 state budget). For more information about these changes to criminal justice and sentencing in Wisconsin, please click here.

The following information covers discretionary parole decisions for sentences handed down for crimes committed prior to December 31, 1999.

What is the difference between Probation and Parole?

Probation is a decision handed down by the judge at trial. It may be in lieu of jail time or in combination with some jail time. It allows the convicted person to live in the community for a specified period of time under the supervision of a probation officer. Depending on the circumstances and the seriousness of the crime, the judge can specify restrictions on the offender's activities during the probationary period. If an offender violates the conditions or rules of probation, he or she may be sentenced to imprisonment by the judge. This is known as revoking the probation or revocation.

Parole is the early release of an inmate who has served part of his or her prison sentence. The inmate is allowed to return to the community under the conditions of parole and the supervision of a parole agent. Violation of these conditions can result in a revocation of the parole and re-imprisonment for the offender. The decision to grant parole is the responsibility of the Commission.

How Does an Offender Receive a Parole in Wisconsin?

Under the sentencing law in existence before Truth-in-Sentencing, an inmate becomes eligible for parole consideration after serving one-quarter of his or her sentences (or six months, which ever is greater). At the interview, a Commissioner will gather information needed to determine if the offender will be granted a parole. Interviews are conducted at the institution where the offender is incarcerated. There are no "courtrooms" at institutions, so the rooms chosen for these hearings are usually offices or small conference rooms. An offender granted parole will be released and will not need another Parole Interview.

If the Parole Interview does not result in a grant, there will be a comment from the Commissioner as to when the offender may be eligible for Parole again. This is called a defer. For example, offenders may be given a "12-month defer" or a "24-month defer", etc., and their Parole Eligibility Dates (P.E.D.) will change accordingly. This means that the offender will not again be eligible for parole until that amount of time has passed. Other than the first interview (which occurs one month before the P.E.D.), all other Parole Interviews will occur approximately two months before the new Parole Eligibility Dates.

In cases where a judge has stipulated that an offender has no Parole Eligibility Date, the offender will actually serve the entire sentence, without any consideration for parole. Those serving a life sentence may or may not be parole eligible depending upon the date of the commission of their crime.

Commission members review many things when considering parole for an offender. Some examples of things reviewed include offense(s) committed, previous convictions, time served and time remaining on the sentence, letters from victims/witnesses or concerned parties, program participation, and any reports of misconduct while incarcerated.

Criteria for Parole

The following criteria are considered for parole consideration:

• Reached the Parole Eligibility Date in his or her sentence.
• Served sufficient time for punishment of his or her crime(s).
• Shown positive changes in behavior as well as documented progress in programming, treatment and/or educational achievement.
• A viable parole plan which offers the offender realistic opportunities for a stable residence, employment, and programming if needed.
• An acceptably reduced level of risk to the public. (The criteria for determining risk include past criminal and incarceration record, probation and parole violations, security classification, and any unmet treatment or programs needs.)

Truth-In-Sentencing

Under the Truth-in-Sentencing laws, any person who commits a felony offense on or after December 31, 1999, and is sentenced to at least one year of confinement in prison will not be eligible for parole. They are generally required to serve the entire sentence imposed by the Court, with some exceptions for early release. Additionally, offenders who violate prison rules may have additional days added to the confinement portion of their sentence. For certain offenses committed under Truth-in-Sentencing laws, expanded “earned release” options exist under 2009 Wisconsin Act 28. To learn more about these options, please click here.

Upon completion of the confinement portion of his/her sentence, an offender must serve a period of Extended Supervision in the community under the supervision of a Department of Corrections Community Corrections agent. At the time of sentencing, a judge determines the length of confinement and the length of Extended Supervision an offender must serve. By law, the length of Extended Supervision must be at least ¼ of the time of confinement.

Parole consideration exists only for offenders that have committed a felony before 12/31/99, prior to the effective date of the state’s Truth-in-Sentencing law. For those sentenced for crimes committed on or after 12/31/99, expanded “earned release” options exist under 2009 Wisconsin Act 28.

If you are a crime victim, there is a website with information for you. Please go to: http://WIVictimsVoice.org

Updated 10/07/09